Scope and Application of the Evidence Act 2011

The Evidence Act 2011 is published in the Federal Republic of Nigeria Official Gazzette No. 20 and dated 26^th of July, 2011; Vol. 98. Government Notice No. 103. The general intention of the Act is to repeal the Evidence Act Cap E 14 Laws of the Federation 2004 and to enact a new Evidence Act which shall apply to judicial proceedings in or before courts in Nigeria and to provide for matters incidental thereto.

Thus, the geographical scope of the Evidence Act 2011 is the Federal Republic of Nigeria; while, the content scope of the Evidence Act 2011 is that it applies to judicial proceedings in or before courts in Nigeria. Moreover, by section 258 of the Act, which of course is the interpretation section, "court" includes all Judges and Magistrates and, except Arbitrators, all persons legally authorised to take evidence.

The position of the law on the scope of application of the Evidence Act 2011 is fortified by section 256 thereof which provides that;

(1)   The Act shall apply to all judicial proceeding in or before any court established in Application, the Federal Republic of Nigeria but it shall not apply to —

(a) proceeding before an arbitrator;

(b) a field general court martial; or

(c) judicial proceeding in any civil cause or matter in or before any Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary Court, unless any authority empowered to do so under the Constitution, by order published in the Gazette, confers upon any or all Sharia Courts of Appeal, Customary Courts of Appeal, Area Courts or Customary Courts in the Federal Capital Territory Abuja or a State, as the case may be, power to enforce any or all the provisions of the Act.

(2)   In judicial proceeding in any criminal cause or matter, in or before an Area Court, the court shall be guided by the provisions of this Act and in accordance with the provisions of the Criminal Procedure Code Law.

(3)   Notwithstanding anything in this section, an Area Court shall, in judicial proceeding in any criminal cause or matter, be bound by the provisions of sections 134 to 140, which is on burden of proof.

The implication of the foregoing is that the Evidence Act 2011 is applicable in all superior courts presided by a Judge, the Magistrate’s Courts and Area Courts; but not to the proceeding before an Arbitrator nor a Court Marshal. The Evidence Act 2011 is not also applicable before Sharia and Customary courts unless any authority empowered to do so under the Constitution, by order published in the Gazette, confers upon such courts the power to apply its provisions. This may not be unconnected with the fact that such courts are not usually manned by legally trained personnel.